Weekly Edition
Wings Over Northern Virginia
By Peter Vieth
November 10, 2008
Attorneys for a restaurant chain specializing in spicy Buffalo wings are searching for assets and demanding nearly $70,000 in attorneys’ fees after eight months of effort to enforce a consent order against an “obstreperous” copycat eatery.
The owners of the alleged infringing restaurant were so derelict in following the terms of a consent order that Alexandria […]
Accountant gets big ‘reward’ for blowing whistle
By Peter Vieth
November 10, 2008
An accountant who spotted a $155,000 discrepancy in the books at the credit union where he worked will pocket almost that much from the recent $640,000 settlement of his state whistleblower lawsuit.
Fairfax attorney Zachary A. Kitts, who represented plaintiff Nisar Siddiqui, said the case represents the first Virginia Fraud Against Taxpayers Act case allowed to […]
For the Defense: Wellman becomes chief of VADA
By Alan Cooper
November 10, 2008
When Stanley P. Wellman joined the firm of Browder, Russell, Butcher & Morris in 1987, he received the type of advice one expects from a mentor, especially one who specializes in insurance coverage: work hard and pay attention to detail.
The mentor, John M. Claytor, had personal advice as well: date your wife and take care […]
Fugitive father can’t appeal custody ruling in Virginia
By Alan Cooper
November 10, 2008
A father living in Spain who is a fugitive from Virginia justice forfeits his right to appeal a custody ruling involving his son.
Last month, the Supreme Court of Virginia, following the lead of the Virginia Court of Appeals, adopted the “fugitive entitlement doctrine,” which holds that a party cannot unlawfully remove himself from the jurisdiction […]
Amend advance directive law, says mental health panel
By Alan Cooper
November 10, 2008
WILLIAMSBURG—The Commission on Mental Health Law Reform thinks a person with mental health issues should have more say over how he is treated if and when he becomes incapable of directing his own mental health treatment.
The commission is backing a proposal to revise Virginia’s advance directive law, the Health Care Decisions Act, to cover those […]
Father wasn’t ‘patient’ of OB/GYN
By Peter Vieth
November 10, 2008
Doctors won a double victory at the Supreme Court of Virginia in a case where a couple sued two obstetricians over the birth of twin daughters with Down syndrome.
In Fruiterman v. Granata (VLW 008-6-101), the high court rejected the father’s claim that he was a “patient” of the obstetricians for the purpose of advice about […]
Jury selection: Who hurts, who helps
By Deborah Elkins
November 10, 2008
Trials may be on the wane but lawyers still want to know how to choose a jury.
Lawyers trying to pick people who will decide for their client may review juror questionnaires and do Google searches, or hire a consultant to eyeball venire members during the voir dire question-and-answer.
Ultimately, there’s “a lot of luck involved, a […]
Putney calls for return of diploma
By News in Brief
November 10, 2008
A powerful Virginia lawmaker says the police chief in Charlotte, N.C., should return a bachelor’s degree he did not earn, or complete the work needed for the Virginia Commonwealth University diploma.
The Richmond Times-Dispatch reported last week that Del. Lacey E. Putney, I-Bedford, sent VCU Rector Thomas Rosenthal a strongly worded letter saying there is […]
AP polls strengths, weaknesses of presidential candidates in Va.
By News in Brief
November 10, 2008
The Associated Press got a take on the strengths and weaknesses of the presidential candidates Barack Obama and John McCain from the eyes of Virginians through an exit poll of 2,500 voters.
OBAMA’S STRENGTHS: Obama did best among those under 30, minorities, those who believe the economy is in trouble, those who don’t support the war […]
Experts to debate campaign financing
By News in Brief
November 10, 2008
The University of Richmond law school will host a debate on “Hard Questions about Soft Money: Campaign Finance Reform and Fiscal Freedom in Today’s Economy.”
The debate on Nov. 13 at 6 p.m. will be held in the law school’s Moot Court Room. Sponsored by the Richmond Journal of Law and the Public Interest, it […]
IMPORTANT OPINIONS
- Traffic Offenses - Bifurcated Trial ‘Notice’ DNA in Traffic Court
- Tort - Telecom Company Can Sue for Business Conspiracy
- Tort - Government Not Liable for Stability Test
- Search & Seizure - Vague Affidavit Cannot Support Warrant
- Search & Seizure - Invalid Warrant - Affidavit Specificity
- Negligence - FELA - Wrongful Death - Release